In re Christopher F. CA2/2

CourtCalifornia Court of Appeal
DecidedJuly 21, 2021
DocketB309522
StatusUnpublished

This text of In re Christopher F. CA2/2 (In re Christopher F. CA2/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Christopher F. CA2/2, (Cal. Ct. App. 2021).

Opinion

Filed 7/21/21 In re Christopher F. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re CHRISTOPHER F. et al., B309522 Persons Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 20CCJP01776A-B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

TIFFANEE F.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Kristen Byrdsong, Juvenile Court Referee. Affirmed. Anuradha Khemka, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

******

Tiffanee F. (mother) appeals from custody and dispositional orders of the juvenile court concerning her two children, Christopher F. (born January 2016) and Nicholas F. (born February 2020). The two children have different fathers.1 As to Nicholas, the juvenile court terminated jurisdiction and placed him with father permitting mother monitored visits. On appeal mother challenges the custody order, arguing that it is too vague to provide her with an opportunity to seek modification in the future. Mother further challenges the court’s order that mother’s visits be monitored by a mutually agreed upon person or a professional monitor paid for by mother. As to Christopher, the juvenile court removed him from mother and ordered reunification services, including a comprehensive psychological evaluation for the purpose of diagnosis and medication assessment. Mother argues that this order was an abuse of discretion due to its undue burden on her as she is already a client of the regional center and is engaged in ongoing services.2

1 Christopher’s father is unknown. Nicholas’s father is Hector A. (father). Father is not a party to this appeal. 2 The regional center is a private nonprofit community-based organization which contracts with the State Department of Developmental Services to coordinate services for individuals with developmental disabilities. (Morohoshi v. Pacific Home

2 Finding no reversible error, we affirm the orders of the juvenile court.

COMBINED FACTUAL AND PROCEDURAL HISTORY Mother’s prior child welfare history At the time of Christopher’s January 2016 birth, the Los Angeles County Department of Children and Family Services (DCFS) received a referral alleging that mother was unable to understand basic information and unable to care for her child without assistance. Mother was not able to feed, burp, or change Christopher’s diapers without constant assistance from hospital nurses. The regional center was contacted, and services were initiated for mother. The referral was closed as unfounded. Two months later DCFS received a referral alleging that mother neglected Christopher. The reporting party stated that mother was unable to care for her newborn and no services had been arranged. The baby had been heard crying nonstop while mother was observed sitting on her bed looking at the wall. Mother had also been seen talking to herself and attempting to force a bottle into Christopher’s mouth. Services for mother had commenced and were terminated due to mother’s need for a greater level of attention and one-on-one teaching. The allegation of neglect was substantiated. Mother agreed to voluntary family maintenance.

(2004) 34 Cal.4th 484, 486; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 479, fn. 3.)

3 Investigation, petition and detention in the current matter On February 5, 2020, DCFS received a report that Christopher had little food, clothing or diapers; the home was unkempt; infested with roaches; and had plumbing problems that mother had not reported to the landlord. During the investigation mother had to be hospitalized because she went into early labor. Christopher was placed in out-of-home foster care as there was no one else to care for him. Mother agreed to the temporary placement under a voluntary family reunification plan. After mother was released from the hospital, Christopher was returned to mother’s care. Nicholas was born prematurely in February 2020 with a low birth weight of five pounds four ounces. At his first well child appointment Nicholas’s weight had dropped to five pounds. On February 28, 2020, DCFS received a report that Nicholas had a foul smell and was not responding as a normal baby. He appeared lifeless. Mother had not followed up with the child’s primary doctor. Mother appeared paranoid, easily distracted, and without concern for the child’s well-being. The social worker who was working with the family became aware of several incidents in which four-year-old Christopher physically harmed newborn Nicholas. Christopher was observed scratching the newborn’s face, poking him in the eye and throwing mud at his face which then got into the baby’s mouth. In addition, Christopher had turned on the stovetop and started a fire. Mother appeared to be unable to protect Nicholas or control Christopher’s behavior. In March 2020, mother voluntarily gave written consent for Christopher to be removed from her custody.

4 He was then detained from mother in foster care. Nicholas remained in mother’s custody. On March 27, 2020, DCFS filed a petition on behalf of Christopher and Nicholas pursuant to Welfare and Institutions Code section 300, subdivision (b),3 alleging that mother had a diagnosis of mild intellectual disability, which limited mother’s ability to provide appropriate care and supervision for the children. On April 1, 2020, the juvenile court made detention findings and ordered Christopher detained from mother. Nicholas remained released to mother. The court ordered monitored visitation for mother with Christopher and a multidisciplinary assessment of the children and family. May 2020 jurisdiction/disposition report During an interview on May 1, 2020, mother stated that her goal was to have Christopher in foster care temporarily so that he could get therapy. She was afraid that Christopher’s behavior would “get out of hand,” and he would hurt the baby. Mother identified her needs as finding a larger place to live, having services for Christopher, and taking parenting classes to learn how to control his behavior. Mother agreed that individual counseling would help her control her anxiety. Mother signed forms allowing DCFS to refer her to family preservation services. Mother was not employed but received social security benefits due to her diagnosis of mild intellectual disability. She also received food stamps and “WIC” benefits for Nicholas.

3 All further statutory references are to the Welfare and Institutions Code.

5 Mother denied any symptoms related to psychosis and denied current depression or suicidal ideation. She admitted, however, that due to anxiety it had been previously recommended that she see a psychiatrist. Mother reported that she was receiving services from Harbor Regional Center due to an unspecified learning disorder. Someone in her attorney’s office advised mother to call Christopher’s caregiver Monday through Friday to speak to Christopher. Mother’s cell phone was not set up for FaceTime, but the social worker explained how to download it on her phone. On May 4, 2020, Christopher’s caregiver reported that mother had both her phone numbers, however, mother had not called since the child was placed with her on March 27, 2020.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Butte County Department of Employment & Social Services v. G.C.
216 Cal. App. 4th 1391 (California Court of Appeal, 2013)
In Re Baby Boy H. v. Sheila H.
63 Cal. App. 4th 470 (California Court of Appeal, 1998)
Arce v. Kaiser Foundation Health Plan, Inc.
181 Cal. App. 4th 471 (California Court of Appeal, 2010)
ROSA S. v. Superior Court
122 Cal. Rptr. 2d 866 (California Court of Appeal, 2002)
In Re Celine R.
71 P.3d 787 (California Supreme Court, 2003)
Los Angeles County Department of Children & Family Services v. Angela B.
231 Cal. App. 4th 663 (California Court of Appeal, 2014)
Los Angeles County Department of Children & Family Services v. K.Y.
233 Cal. App. 4th 1444 (California Court of Appeal, 2015)
Alameda County Social Services Agency v. S.O.
190 Cal. App. 4th 1119 (California Court of Appeal, 2010)
L. A. Cnty. Dep't of Children & Family Servs. v. C.E. (In re C.M.)
250 Cal. Rptr. 3d 390 (California Court of Appeals, 5th District, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
In re Christopher F. CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christopher-f-ca22-calctapp-2021.